Anand Lal Gupta, v. The State Of Bihar Through The Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8824 of 2020 ====================================================== Anand Lal Gupta, son of Sri Satya Narayan Sahu, resident of village - Madhepur East, Wad No. 10, Indra Chok, Police Station- Madhepur, DistrictMadhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Food and Civil Supply Department, Govt. of Bihar, Patna.

3.

The District Magistrate, Madhubani.

4.

The Sub-Divisional Officer, Jhanjharpur, District- Madhubani. 5.

The Marketing Officer, Block - Madhepur, District- Madhubani. 6.

The Supply Inspector Block Madhepur, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Advocate For the Respondent/s :

Mr. Upendra Pratap Singh, AC to SC 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 15-04-2021 Heard learned counsel for the petitioner and learned counsel for the respondents through video conference. Learned counsel for the petitioner has filed an undertaking that all defects pointed out by the stamp reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof.

2. The present writ petition has been filed "for a direction to the respondents(authority no.4) for taking final decision in

Patna High Court CWJC No.8824 of 2020 dt.15-04-2021 2/3 the matter of allotment of PDS licence bearing roster No.402 in Madhepur Purvi Panchayat, Block Madhepur Sub-Division Jhanjharpur District Madhubani which is specifically earmarked for extremely backward category (EBC)."

3. Learned counsel for the petitioner submits that the petitioner, having been placed at serial no.1 of the merit list and upon recommendation of the competent authority, was selected for grant of PDS licence for Madhepura Purvi Gram Panchayat, Block Madhepur, Sub-Division Jhanjharpur in the district of Madhubani. However, the respondents have not issued the PDS licence in favour of the petitioner. Accordingly, the petitioner has approached the District Magistrate, Madhubani, with three representations dated 31.01.2020, 01.02.2020 and 13.05.2020 respectively (Annexures 8, 10 and 11).

4. Learned counsel for the respondent-State appears and has been heard.

5. Having regard to the nature of the grievance of the petitioner, this Court is of the view that ends of justice shall be met by directing the District Magistrate, Madhubani to consider and dispose of the petitioner's aforesaid representations dated 31.01.2020, 01.02.2020 and 13.05.2020 (Annexures 8, 10 and 11), if still pending, on their own merits in accordance with law

Patna High Court CWJC No.8824 of 2020 dt.15-04-2021 3/3 after grant of opportunity of hearing to the petitioner, preferably within a period of eight weeks from today. To enable disposal, the petitioner shall furnish his mobile number and e-mail ID to the respondents within a week from today.

6. It is made clear that in view of the ongoing Covid- 19 pandemic, any correspondence between the parties may be made through email and the petitioner shall be at liberty to request for hearing through video conference.

7. The writ petition stands disposed of with the aforesaid directions.

8. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) HR/- AFR/NAFR NAFR CAV DATE - Uploading Date 17.04.2021 Transmission Date -